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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 15941 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") BY CHANGING THE ZONING TRANSECT OF THE WESTERN PORTION OF THE PROPERTY BIFURCATED BY TWO (2) TRANSECT ZONES LOCATED AT 184 NORTHEAST 56 STREET, MIAMI, FLORIDA, FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, AND THE PROPERTY GENERALLY LOCATED AT 175 NORTHEAST 55 STREET FROM "T4- R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AT EXHIBIT "B'; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately, 175 Northeast 55 Street; 184 Northeast 56 Street APPLICANT(S): Steven J. Wernick, Esq., on behalf of 5900 W Little Haiti, LLC PURPOSE: This application seeks to change the properties from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: On April 17, 2024, recommended approval of T4-O, by a vote of 7-0. City of Miami File ID: 15941 (Revision: A) Printed On: 12/1/2025 City of Miami Legislation Ordinance Enactment Number:14409 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 15941 Final Action Date: 10/23/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") BY CHANGING THE ZONING TRANSECT OF THE WESTERN PORTION OF THE PROPERTY BIFURCATED BY TWO (2) TRANSECT ZONES LOCATED AT 184 NORTHEAST 56 STREET, MIAMI, FLORIDA, FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, AND THE PROPERTY GENERALLY LOCATED AT 175 NORTHEAST 55 STREET FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-L," URBAN CENTER TRANSECT ZONE — LIMITED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOLUNTARILY PROFFERED DECLARATION OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AT EXHIBIT "B'; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the two (2) properties generally located at 184 Northeast 56 Street (western portion) and 175 Northeast 55 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" (collectively, "Property") are zoned "T4-R," General Urban Transect Zone — Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the property at 184 Northeast 56 Street is bifurcated by two (2) different Transect Zones: "T4-R," General Urban Transect Zone — Restricted, and "T5-O," Urban Center Transect Zone — Open; and WHEREAS, Steven J. Wernick, Esquire, AICP, on behalf of 5500 W Little Haiti, LLC, ("Applicant") submitted to the City of Miami ("City") a request to change the zoning transect of the Property from "T4-R," Urban General Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 19,990 square feet (0.459 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami Comprehensive Neighborhood Plan ("MCNP") is Medium Density Multifamily Residential; and City of Miami File ID: 15941 (Revision: A) Printed On: 12/1/2025 WHEREAS, the request to change the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, is not consistent with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential, therefore, a concurrent Comprehensive Plan Amendment is required and is being processed concurrently (PZ-23-16870); and WHEREAS, the Property is located in a portion of the Little Haiti neighborhood where there are a variety of zoning classifications, Commercial Uses, and housing types; and WHEREAS, the City's Planning Department found the application inconsistent with Article 7, Sections 7.1.2.8.f.1 (a) and 7.1.2.8.f.1.2. of the Miami 21 Code; and WHEREAS, the City's Planning Department found the application consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the City's Planning Department recommended denial of the change in zoning classification from "T4-R," Urban General Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone - Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 17, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-030 by a vote of seven to zero (7-0), Item No. PZAB.9, recommending approval of the Zoning Transect being changed from "T4-R," Urban General Transect Zone — Restricted, to "T4-O," General Urban Transect Zone — Open, rather than the requested "T5-O," Urban Center Transect Zone — Open; and WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants ("Declaration"), which is attached and incorporated as Exhibit "B," for a term of 20 years, unless released earlier, which voluntarily restricts the Property as follows: • Notwithstanding the adoption of the application and the subsequent change of zoning classification on the Miami 21 Code Zoning Atlas to T5-L, Owner shall comply with the following restrictions on the Property: o Any permitted improvements on the Property, inclusive of renovation and adaptive use of existing structures, shall incorporate design elements and architectural treatments consistent with the Lemon City/Little Haiti French Creole Design Standards. o Owner shall provide a parking facility on the subject Property, with a minimum of twenty (20) spaces to support indoor/outdoor commercial uses, or as required pursuant to the Miami 21 Code, whichever is greater. o Owner shall dedicate at least thirty-three percent (33%) of kiosks and vending carts located on the Property for exclusive use by Haitian -owned small businesses and small businesses operating within the Little Haiti Neighborhood and District 5, with a zip code of 33127, 33137, 33138, and 33150 (collectively "Eligible Businesses"). • In fulfilling this commitment, Owner shall coordinate with the Little Haiti Revitalization Trust and Office of District 5 Commissioner to identify Eligible Businesses that may occupy designated spaces as they become available. • Upon any space becoming available for lease, license or occupancy, Owner shall provide written notice of such availability to the Little Haiti Revitalization Trust and Office of District 5 Commissioner for purposes of identifying Eligible Businesses. • If, after ninety (90) days, no Eligible Business has been identified or committed to occupy the designated space, Owner may thereafter offer City of Miami File ID: 15941 (Revision: A) Printed On: 12/1/2025 such designated space to other businesses on commercially reasonable terms. ■ The obligations under this subsection shall continue and upon the next availability of a Designated Space, Owner shall again follow the procedures set forth herein to prioritize occupancy by Eligible Businesses. o Any application filed by Owner with City of Miami to amend, modify, or release the Declaration shall be presented in a community meeting and provided to the Little Haiti Revitalization Trust for its review prior to formal submittal of said application to City of Miami. WHEREAS, the City Commission gave full consideration to the Planning Director's recommendation; and WHEREAS, the City Commission considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code and the criteria therein, and all other City regulations; and WHEREAS, the City Commission conducted a public hearing on the subject rezoning application and made a determination as to whether the criteria in the Miami 21 Code were met; and WHEREAS, pursuant to Section 7.1.2.8.f.2 of the Miami 21 Code, a change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, pursuant to Article 7, Section 7.1.2.8.g.2 of the Miami 21 Code, the City Commission may approve the rezoning of property to a Transect Zone of lesser Intensity than that applied for where such rezoning would not be detrimental to the health, safety or welfare of the surrounding Neighborhood; and WHEREAS, after the public hearing and consideration of all of the applicable criteria, the City Commission approves, based on competent substantial evidence, to amend the zoning designation of the Property to T5-L, Urban Center Transect Zone — Limited, rather than T5-O, Urban Center Transect Zone — Open; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the zoning classification from "T4-R," Urban General Transect Zone — Restricted, to "T5-L," Urban Center Transect Zone - Limited, for the property generally located at the western portion of 184 Northeast 56 Street and at 175 Northeast 55 Street Miami, Florida, both as more particularly described in "Exhibit A," attached and incorporated. Section 3. The voluntarily proffered Declaration of Restrictive Covenants is accepted and the City Manager is authorized to execute such Declaration in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "B," to be recorded in the public records of Miami -Dade County. City of Miami File ID: 15941 (Revision: A) Printed On: 12/1/2025 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes. APPROVED AS TO FORM AND CORRECTNESS: 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 15941 (Revision: A) Printed On: 12/1/2025